The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-10-06
ACKNOWLEDGMENT OFFICE
A-s--S, September l.. 1856.

E--. n. 3. >wE--. Z l-- t-0--z-. +-=L-. -rLA=:
DEaz S1z-Ihe state Of Texas has, 6
yoz know, from tine 10 time donated E
vast amount OF land 20 railvs! corpora
lions, II bang : condition Of the dona-
tion. il every instance, that the said land
should be a.ienst5d il some definite time,
fixed either b. the &C: granting the lard
o. By some general laE OF the state.
A-f. 424e OF the revised statutes requires
e7ery railway corporation 70 make al an
nEsl report % the conprrole: OF public
accounts FOR the year ending on the first
dsv OF October. Among other things 10
Be stated. Il IS provided that Such coz
po.at:on shall state
the sales OF land donated b! the state
and tie quantity remaining arsol5."
The obvio1s purpose Of this !eQui-e-
uent i 10 enable the proper officers Of
he state o, legislature 20 determine
whether OF rot me railway companies
have CON piled With the conditions OF the
grant il the matter OF alienation. 1; has
been the inysteysts custom. I believe. here
totore FOX railway corporations 70 simply
state il gross the amount OF land sold and
the amount Of land remaining unso ID, 10
stating TO whom 81! particular land has
bean sold. the date OF the sale OF any
thing Of that kind calculated 10 furnish
evidence OF compliance " lot with :he
law OF alienation.
Il Is perfectly plain that such report
Is useless. Unless the report Is made II
such terms as 70 enable tie proper Of
fcsrs 10 determine whether or no; the laE
OF alienation hss been complied with, the
requirement i utterly useless. Il Is z
meaningless ba-5sn imposed upon rail
"a! corporations.
TIE provision means something eD-
forced according 70 lis Intention.
There i nothing more important Il al
the requirements OF said section 42iS, and
nothing Co-e bslsfcisl.
The duty Is imposed upon TIE attorney
general 10 lCoE into the matter Of
alterations. but il : 81 eEdisss task unless
some assistance csr Be obtained from
obeGierces 20 the requiem ents OF said
article. Tia: compiled with according
10 lis spirit ard intention. something can
be done. ! EO3ld therefore suggest that
you inform The RAILWAY corporations that
they III! be expected hereafter 20 shOv n
their report the date OF the sale OF each
particular tract OF lard. briefly describing
person 10 -kon sold.
II i vel enough 70 inform .hen that
the lava Of the state recognize nothing IS
al alienation except unconditional dispo-
sition OF the property. uesn b. this
that the laws OF the state DO lot recognize
Z mortgage g an alienation, ard merely
colorado alienation the constitution OF
the state declares shall not be regarded ss
IN alienation a. complies with the law.
Their reports VI. be due b. the nrst "a!
OF October, and unless they suppl! the il
formation II manner and form above sug-
gested. shall regard i Is ny dut! 10 in
5tit0te suit for the penalty liked b! AT.
1920. There may be some railroads tnET
have disposed according 70 law OF al TIE
land acquired from the state. Where !cE
are perfectly satisfied that that i the fact.
il occurs 70 ne that 10 such detail report
Is necessary. You can, perhaps, tell from
the tax rolls in yozr department, OF from
other information furnished By the records
OF the department, what roads have parted
with eli OF their land.
You can make the reports ser7iceable
for the Use OF the government, by requir-
ing them TO be made ss l have herein sUg-
gested. Otherwise. it seems TO NE, that
for all useful purposes, they might IS We!
not be made. Yer! respectfully,
JOIN D. TEMFLE1oS,
Attorney General